Bill Text: NY S06031 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to therapy dogs and cats for persons with a disability.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2016-06-02 - REPORTED AND COMMITTED TO FINANCE [S06031 Detail]
Download: New_York-2015-S06031-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6031--A 2015-2016 Regular Sessions I N S E N A T E August 10, 2015 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law and the agriculture and markets law, in relation to therapy dogs and cats for persons with disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 21 of section 292 of the executive law, as 2 amended by chapter 269 of the laws of 1997, is amended to read as 3 follows: 4 21. The term "disability" means (a) a physical, mental or medical 5 impairment resulting from anatomical, physiological, genetic or neuro- 6 logical conditions which prevents the exercise of a normal bodily func- 7 tion, SUBSTANTIALLY LIMITS ONE OR MORE OF SUCH PERSON'S MAJOR LIFE 8 ACTIVITIES, or is demonstrable by medically accepted clinical or labora- 9 tory diagnostic techniques or (b) a record of such an impairment or (c) 10 a condition regarded by others as such an impairment, provided, however, 11 that in all provisions of this article dealing with employment, the term 12 shall be limited to disabilities which, upon the provision of reasonable 13 accommodations, do not prevent the complainant from performing in a 14 reasonable manner the activities involved in the job or occupation 15 sought or held. FOR PURPOSES OF THIS SECTION, MAJOR LIFE ACTIVITIES 16 INCLUDE, BUT ARE NOT LIMITED TO, CARING FOR ONESELF, PERFORMING MANUAL 17 TASKS, SEEING, HEARING, EATING, SLEEPING, WALKING, STANDING, LIFTING, 18 BENDING, SPEAKING, BREATHING, LEARNING, READING, CONCENTRATING, THINK- 19 ING, COMMUNICATING, AND WORKING. MAJOR LIFE ACTIVITIES ALSO INCLUDE THE 20 OPERATION OF A MAJOR BODILY FUNCTION, INCLUDING BUT NOT LIMITED TO, 21 FUNCTIONS OF THE IMMUNE SYSTEM, NORMAL CELL GROWTH, DIGESTIVE, BOWEL, 22 BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY, ENDOCRINE, AND 23 REPRODUCTIVE FUNCTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11819-02-5 S. 6031--A 2 1 S 2. Subdivision 14 of section 296 of the executive law, as amended by 2 chapter 141 of the laws of 2015, is amended to read as follows: 3 14. In addition to reasonable modifications in policies, practices, or 4 procedures, including those defined in subparagraph (iv) of paragraph 5 (d) of subdivision two of this section or reasonable accommodations for 6 persons with disabilities as otherwise provided in this section, includ- 7 ing the use of an animal as a reasonable accommodation, it shall be an 8 unlawful discriminatory practice for any person engaged in any activity 9 covered by this section to deny access or otherwise to discriminate 10 against a blind person, a hearing impaired person or a person with 11 another disability because he or she is accompanied by a dog that has 12 been trained to work or perform specific tasks for the benefit of such 13 person by a professional guide dog, hearing dog or service dog training 14 center or professional guide dog, hearing dog or service dog trainer, or 15 to discriminate against such professional guide dog, hearing dog or 16 service dog trainer engaged in such training of a dog for use by a 17 person with a disability, whether or not accompanied by the person for 18 whom the dog is being trained. THIS SECTION SHALL APPLY REGARDLESS OF 19 BREED, OR ANY OTHER TYPE OF THERAPY DOG OR CAT. 20 S 3. Subdivision 26 of section 108 of the agriculture and markets law, 21 as amended by chapter 536 of the laws of 2014, is amended to read as 22 follows: 23 26. "Therapy dog OR CAT" means any dog OR CAT that is trained to aid 24 the emotional and physical health of patients in hospitals, nursing 25 homes, retirement homes, PERSONAL RESIDENCES, and other settings and is 26 actually used for such purpose, or any dog OR CAT during the period such 27 dog OR CAT is being trained or bred for such purpose. 28 S 4. Subdivision 1 of section 356 of the executive law is amended to 29 read as follows: 30 1. A state veterans' service agency established by the division pursu- 31 ant to this article shall have power and it shall be its duty to inform 32 military and naval authorities of the United States and assist members 33 of the armed forces and veterans, who are residents of this state, and 34 their families, in relation to (1) matters pertaining to educational 35 training and retraining services and facilities, (2) health, medical and 36 rehabilitation services and facilities, (3) provisions of federal, state 37 and local laws and regulations affording special rights and privileges 38 to members of the armed forces and war veterans and their families, (4) 39 employment and re-employment services, [and] (5) HOUSING SERVICES 40 INCLUDING BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6) other 41 matters of similar, related or appropriate nature. The state veterans' 42 service agency also shall perform such other duties as may be assigned 43 by the state director. 44 S 5. This act shall take effect immediately.